Every year Florence, AZ is host to Country Thunder, the biggest outdoor country music festival in the state. The festival is sure to draw in thousands of fans young and old. With temperatures this weekend forecasted in the 90’s, you will want to be sure to have plenty of water, hats, and sunscreen! Above all, have a great time and be safe.

According to local news outlets, there will be an increased presence of Sheriff’s Deputies, undercover officers and security to ensure the safety and security of everyone attending the festival. Keep in mind, the Pinal County Sheriff’s Office (PCSO), the AZ Dept. of Liquor License/Control, and the Florence Police Department in years past have issued hundreds of citations over the course of the 4-day weekend, particularly involving underage drinking related violations, including Minor in Consumption and Minor in Possession, as well as using fake ID’s to buy alcohol and furnishing alcohol to a minor. We have also seen numerous DUI/DWI cases occur as attendees leave the festival.

If you were arrested by the Pinal County Sheriff’s Office (PCSO), Florence Police Department, AZ Dept. of Liquor License/Control, or any other agency during Country Thunder weekend, contact the Firm to arrange a free evaluation regarding your case. We have handled countless Country Thunder citations over the years and are familiar with the local courts as well as the typical violations we see coming out of this festival each year. Depending on the agency you were arrested by, your case will likely be cited into either the Florence-Coolidge Justice Court located at 400 South Central Avenue in Florence, AZ or at the Florence Municipal Court located at 775 North Main Street in Florence.

Because the consequences of underage drinking violations and DUI offenses can be significant and leave a permanent mark on your criminal record, it is crucial to seek the advice of an experienced Criminal Defense Attorney to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking and Underage DUI related violations can include, jail time, community work service, alcohol classes, license suspension, court fees and fines, and even possible suspension or expulsion from school and/or athletic teams and clubs. Some of the legal issues a defense attorney may explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct actually constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case.

The Firm has handled countless cases involving underage drinking, minor in possession, minor in consumption, furnishing alcohol to a minor, public intoxication, fake ID, as well as DUI/DWI cases and other alcohol related violations. Mr. Buckallew is a Board Certified Criminal Defense Attorney and has a reputation for zealously representing each client and has a proven track record of success. With a statewide practice, the Firm handles cases in Florence – Pinal County, Maricopa County and throughout the State of Arizona. Contact the Firm today for a free evaluation of your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Apache Junction Municipal Court Criminal Cases

If you were cited for a misdemeanor criminal violation by the Apache Junction Police Department, within the city limits of Apache Junction, you were likely cited into the Apache Junction Municipal Court. The types of cases which could be cited into this court could include, DUI (1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI), Assault, Disorderly Conduct, Criminal Damage, Domestic Violence or any other criminal misdemeanor charges. The courthouse is located at:

300 East Superstition Boulevard, Apache Junction, AZ

The Court operates on a 4-day schedule and the hours of operation are Monday-Thursday 7:30 AM – 5:30 PM.

As with any courtroom, the Apache Junction Municipal Court has certain standards of conduct and etiquette in the courthouse. While formal attire is not required, clothing should be free of offensive/controversial slogans, no hats, or cut-off shorts. Recommended attire would be conservative clothing, ‘business casual’ or something you would wear to church. Your appearance should not distract from your case or your defense. Your attorney will give you more specific instructions regarding what your role in the courtroom will be, as this will depend on the various types of hearings in criminal cases.

The most common types of cases we typically see in the Apache Junction Municipal Court, include DUI (including 1st Time DUI, Extreme DUI, Super Extreme DUI, and Underage DUI), Disorderly Conduct, Domestic Violence, Shoplifting and Assault. At this Firm, we have experience handling all types of misdemeanor (and felony) criminal cases in the Apache Junction Municipal Court and in courts throughout the Valley as well as statewide.

If you have been charged with any criminal case in Apache Junction, please contact the office for a free evaluation of your case. You will meet with a Board Certified Criminal Law Specialist – Attorney Trent Buckallew, who will discuss both the details of your case as well as the legal defenses which may be pursued in your case. With nearly 20 years of experience in litigating criminal and DUI cases of all types, Mr. Buckallew can answer any questions you have regarding the court process, defense and litigation goals and the best course of action in your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Phoenix Municipal Court

If you have been arrested by the Phoenix Police Department for a DUI or any type of criminal charge, you were likely cited into the Phoenix Municipal Court. The court is located at:

Phoenix Municipal Court

300 West Washington

Phoenix, AZ 85003

The Phoenix Municipal Court handles misdemeanor cases ranging from Reckless Driving,Shoplifting, and Disorderly Conduct to DUI and OUI (boating DUI) cases. The maximum penaltyfor a Class 1 Misdemeanor is 6 months in jail and a $2,500.00 fine. Given the possible penalties as well as other long term consequences resulting from a criminal record (i.e. diminished employement/professional opportunities, increased insurance rates, loss of professional licenses, etc.), it is advisable to consult with an experienced criminal defense attorney before making any decisions in your case.

If you were arrested by the Maricopa County Sheriff’s Office or Highway Patrol (AZ Department of Public Safety), you were likely cited into one of the following Maricopa County Justice Courts, depending on where you were within the Justice Precinct boundaries in Phoenix:

Arcadia Biltmore Justice Court

620 West Jackson Street

Phoenix, AZ 85003

Desert Ridge Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

Dreamy Draw Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

Downtown Justice Court

620 West Jackson Street

Phoenix, AZ 85003

Maryvale Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

McDowell Mountain Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

Moon Valley Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

South Mountain Justice Court

620 West Jackson Street

Phoenix, AZ 85003

West McDowell

620 West Jackson Street

Phoenix, AZ 85003

As with the Phoenix Municipal Court, Maricopa County Justice courts also handle misdemeanor cases with the same maximum penalties previously mentioned – 6 months in jail and $2,500.00 fine.

If you are facing misdemeanor or felony criminal charges in the City of Phoenix – whether in the Phoenix Municipal Court, any of the Maricopa County Justice Courts, or the Maricopa County Superior Court, this Firm can help. We have represented countless individuals in City, Justice and Superior Courts throughout the Phoenix area and have the experience of over 17 years in the practice of criminal and DUI litigation. Mr. Buckallew is a Board Certified Criminal Defense attorney – as designated by the State Bar of Arizona, which means he has demonstrated superior knowledge in area of criminal and DUI law, as well as integrity, professionalism and competence as an attorney. Contact the Firm today at (602) 825-3300 for a free case evaluation to discuss your legal options.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

The countdown to Super Bowl XLIX continues as throngs of fans head out to Super Bowl Central which has taken over about 12 blocks in downtown Phoenix. According to azcentral.com, Phoenix along with state liquor officials have approved public consumption of alcohol within an enclosed 9-block area of downtown Phoenix, enabling folks to enjoy the street festivities with a cocktail in hand. This is said to be the largest special event liquor license ever issued in downtown Phoenix and to ensure the safety of everyone, security will be extremely tight. Anyone wanting to consume alcohol in this area will be required to show their ID, wear wristbands, and stay within the 9-block perimeter which will be secured with temporary barricades. Officers from Phoenix Police Department, Maricopa County Sheriff’s Office (MCSO) and the AZ Department of Liquor License and Control will be conducting enforcement efforts and ticketing violators for drinking violations such as Minor in Consumption / Minor in Possession and Underage Drinking as well as any other criminal violations ranging from Disorderly Conduct, Assault, Weapon and Firearm Violations, and Drug Violations. There will also be increased DUI enforcement in and around Phoenix so if you do plan to consume alcohol, be sure to designate a sober driver or utilize taxi service, Uber, or the light rail to avoid the harsh consequences of a DUI charge in Arizona.

Some of the most common alcohol violations we see with large events around the valley include, Underage Drinking, Underage DUI, False ID and Minor in Consumption (MIC) / Minor in Possession (MIP) violations. Arizona has a “zero tolerance” law which prohibits anyone under the age of 21 to drive with any trace of alcohol in their system. If you are under the age of 21 and your blood alcohol content (BAC) is at or above .08%, you may also be charged with DUI in addition to Underage Drinking. The penalties for some of the common underage drinking violations are outlined here:

A.R.S. § 4-241L – (Fake ID) “A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

A.R.S. § 4-241M – “A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.” The maximum punishment for a class 3 misdemeanor is up to 30 days in jail and a fine of up to $500.

A.R.S. § 4-244(34) – (Underage Drink and Drive) “It is unlawful…For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” The maximum punishment is up to 6 months in jail and a fine of up to $2,500.00

A.R.S. § 4-244(9) – (Minor in Consumption / Minor in Possession) “It is unlawful…for a person under the legal drinking age to buy, receive, have in the person’s possession or consume spirituous liquor…” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

In addition to possible exposure to jail time and significant fines, underage drinking violations can also result in license suspensions of up to two years, probation, community work service, a criminal record and other unanticipated consequences. Before making any decisions in your case, it is critical to seek the advice of legal counsel to ensure you understand your legal options and the consequences of a conviction.

Mr. Buckallew is a Board Certified Specialist in Criminal Law and focuses his practice primarily on DUI and Criminal Defense in Phoenix and surrounding areas. He has significant experience in litigating all types of DUI and Underage Drinking violations, including Minor in Consumption / Minor in Possession, Fake ID, Underage Drink and Drive, 1st Time DUI, Extreme DUI, Felony DUI and any other criminal or DUI charge in the state of Arizona. Contact the Firm today for a free evaluation of your Phoenix DUI or criminal case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

As Glendale is gearing up to host the Seattle Seahawks and the New England Patriots on February 1^st we want to welcome an estimated 100,000 out of town visitors expected to visit the Valley of the Sun for Super Bowl XLIX. According to AZCentral.com, Phoenix area airports (including Scottsdale Airport, Phoenix Deer Valley Airport, Goodyear Airport, Glendale Municipal Airport, Mesa’s Falcon Field Airport, Phoenix-Mesa Gateway Airport, Chandler Municipal Airport, and of course Phoenix Sky Harbor International Airport) have been preparing for this increased air traffic for several months, anticipating over 1,000 additional private aircraft along with commercial and charter jets.

The NFL will be hosting the Super Bowl Experience activities at the Phoenix Convention Center the week leading up to the super bowl. According to azsuperbowl.com – along with the many interactive attractions, games, exhibits and other activities, fans will also be able to find many other venues and activities around town including the 2015 Pro Bowl on January 25^th at University of Phoenix Stadium, the 2015 Waste Management Phoenix Open at TPC Scottsdale (1/26/15-2/1/15), Super Bowl XLIX Media Day (1/27/15), Verizon Super Bowl Central – a free, family-friendly, football themed outdoor fan fest taking over Downtown Phoenix (1/28/15-2/1/15), along with many other events leading up to the big game.

And of course with any event of this scale, law enforcement agencies from around the valley are coordinating efforts to ensure the safety of all residents – both locals and visitors alike. With a week filled with Super Bowl events spread across the valley between Glendale, Phoenix and Scottsdale, police officers from Glendale PD, Phoenix PD and Scottsdale PD will be working off-duty shifts in addition to all regularly scheduled shifts in these departments. Additionally, other agencies – both local and federal, are providing the assistance of their officers, including Gilbert PD, Tempe PD, Mesa PD and Prescott PD, along with regional cooperation of over 50 agencies. The City of Phoenix is hosting the major events – both Super Bowl Central covering several blocks in downtown Phoenix, as well as the Super Bowl Experience at the Phoenix Convention Center. The City of Scottsdale will be hosting many out town visitors in local resorts both for the Super Bowl and the WM Phoenix Open. The Super Bowl itself as well as the Pro Bowl will be played at University of Phoenix Stadium in the City of Glendale.

Whether you’re participating in some of the many Super Bowl activities in Phoenix and around the valley, or taking time out to enjoy our fantastic weather with a hike up Camelback Mountain, a stroll through the Phoenix Desert Botanical Gardens, dining or shopping along historic Mill Avenue in Tempe, or checking out Historic Downtown Glendale – there will be no shortage of activities to fill your days. Enjoy the festivities, celebrate responsibly and remember to use a designated driver, utilize the light rail, taxi service or Uber.

In the event you find yourself facing DUI charges during super bowl week, it is critical to seek the advice of competent legal counsel before making any decisions in your case as Arizona has some of the toughest DUI laws in the country. Outlined below are some of the common DUI violations along with associated penalties:

Misdemeanor DUI (1^st Offense) – BAC between .08% – .149%

Minimum Penalties include 10 days jail (9 can be suspended if court ordered alcohol classes are completed successfully), over $1,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Extreme DUI (1^st Offense) – BAC between .15% – .199%

Minimum Penalties include 30 days jail (all but 9 days can be suspended with the installation of ignition interlock for 12-months), over $2,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Super Extreme DUI (1^st Offense) – BAC at or above .20%

Minimum Penalties include 45 days jail (all but 14 days can be suspended with the installation of ignition interlock for 12-months), over $3,000.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Felony Aggravated DUI (1^st Offense)

While many DUI charges are classified as misdemeanors in the State of Arizona, there are some circumstances which can result in DUI charges being classified as a felony, or ‘Aggravated DUI‘. The primary factors in felony Aggravated DUI charges include:

Class 4 Felony:

• Driving on a restricted, suspended or revoked license at the time of the DUI
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months

Minimum Penalties include 4 months in prison, over $5,500.00 in fees/fines, 3 year license revocation, mandatory drug/alcohol evaluation and treatment program, up to 10 years’ probation and vehicle ignition interlock device.

Class 6 Felony:

• Driving with a minor child (under the age of 15) in the car at the time of the DUI

Minimum Penalties include a minimum of 10 days jail but increases based on BAC levels, over $4,500.00 in fees/fines, 3 year license revocation, up to 10 years’ probation, drug/alcohol evaluation and treatment program and vehicle ignition interlock device.

Please visit our Arizona DUI website for more in depth information regarding Arizona DUI charges and penalties. The Firm handles all DUI cases throughout the entire State of Arizona – both misdemeanor and felony, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI – Drugs, DUI Involving an Accident, Underage DUI or any other drug or alcohol DUI you may have been charged with. The Firm handles cases in City/Municipal Courts in Phoenix, Tempe, Scottsdale, Gilbert, Mesa, Chandler, Glendale and throughout the entire valley. The Firm also handles cases in all Maricopa County Justice Courts throughout the valley as well as the Maricopa County Superior Court. The Firm also handles ANY criminal charge in Phoenix and throughout the State of Arizona, including (but not limited to) Disorderly Conduct, Criminal Damage, Assault, Littering, Shoplifting, Drug Crimes, Juvenile Crimes and Reckless Driving.

If you are facing DUI charges in Phoenix, contact the Firm today for a free evaluation of your case. Mr. Buckallew is a Board Certified Criminal Law Specialist and has significant experience in litigating DUI cases in Phoenix courts and throughout the State of Arizona.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

If you are facing criminal charges in Phoenix, a Board Certified Criminal Defense Attorney with this Firm offers a free, no obligation evaluation of your case. Mr. Buckallew has focused his practice primarily on criminal and DUI defense, representing countless individuals in Phoenix and throughout the State of Arizona for over the course of his career. The Firm has defended a wide range of criminal cases, from Disorderly Conduct and Domestic Violence cases to DUI cases all the way up to First Degree Murder cases. Mr. Buckallew has handled countless cases in the Phoenix courts – both the Phoenix Municipal Court (misdemeanor criminal/misdemeanor DUI) and the Maricopa County Superior Court (felony criminal/felony DUI). The Firm also represents individuals in the Maricopa County Justice Courts located in Phoenix, including the Arcadia Biltmore Justice Court, Desert Ridge Justice Court, Downtown Justice Court, Encanto Justice Court, Dreamy Draw Justice Court, Maryvale Justice Court, McDowell Mountain Justice Court, Moon Valley Justice Court, South Mountain Justice Court, and the West McDowell Justice Court (misdemeanor criminal/misdemeanor DUI). In addition to criminal and DUI cases, Mr. Buckallew also represents plaintiffs or defendants in Injunction Against Harassment/Order of Protection proceedings as well as Interfering with Judicial Proceedings cases.

If you are charged with a DUI in Phoenix, it is critical to seek competent legal counsel as these cases can result in significant fees/fines, potential for incarceration, increased insurance premiums, college/career repercussions, possible suspended or revoked driver’s license, possible probation, and the possibility of ignition interlock requirements and alcohol classes. DUI litigation requires knowledge in both criminal defense as well as a thorough understanding of the scientific evidence (blood, breath, etc.) and Mr. Buckallew has significant experience in both of these areas. With his Law Degree and continuing legal education along with his Master’s Degree in Forensic Science, Mr. Buckallew understands both the science behind the evidence as well as the potential legal defenses inherent in DUI cases. He has handled all types of DUI cases including (but not limited to), 1st Time DUI, DUI Involving an Accident, Underage DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI with Multiple Priors, DUI Involving Homicide (or Injury), and DUI – Drugs. He has achieved successful outcomes for countless clients over the years, including full case dismissals, not guilty jury trial verdicts, favorable plea agreements, and aggressively defends each and every case he handles.

Mr. Buckallew has also handled a wide range of criminal cases – both misdemeanor and felony, including (but not limited to), Assault, Domestic Violence, Drug Possession, Drug Sales, Drug Crimes, Juvenile Crimes, Shoplifting, Misconduct Involving Weapons, Theft Crimes, White Collar Crimes, Minor in Possession, Minor in Consumption, Burglary, Reckless Driving, Disorderly Conduct, Violation of Restraining Orders, Prostitution, Sex Crimes, Homicide and Murder. He has a track record for zealously defending each and every client and has achieved successful outcomes in countless cases over the course of his career.

Contact the Firm today for a free case evaluation if you have a criminal or DUI charge in Phoenix.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

According to a report in the Arizona Daily Star (11/11/13), the Arizona Department of Public Safety (DPS) intends to begin a campaign in January to crack down on drivers who are distracted by texting or otherwise using their cell phones while behind the wheel. DPS spokesman Bart Graves highlighted the recent death of DPS officer Tim Huffman, who was allegedly killed earlier this year by a driver of a semi-truck who was distracted by his cell phone. Although our State Legislature has rejected previous attempts at regulating cell phone usage while driving, DPS plans to cite driver’s under Arizona Revised Statute §28-701– Speed Not Reasonable and Prudent:

A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

This is a civil traffic violation and the penalties for civil traffic speeding violations include 3 points against your driver’s license and a maximum fine of $250 (plus surcharges).

Traffic violations arising from distractions, such as texting, could also be charged under existing AZ criminal statutes, such as §28-693 – Reckless Driving:

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

In addition to being charged with 2^nd Degree Murder, the truck-driver accused of killing the DPS officer was also charged under §13-1201 – Endangerment:

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

While civil traffic violations can result in fines and points against your driver’s license, a criminal conviction can certainly have far greater consequences, including the possibility of jail time, substantial fees and fines, loss of driving privileges, a criminal record and other potential repercussions.

The Firm handles all types of criminal and civil traffic violations and provides free consultations for pending criminal cases. Contact the office today to discuss your case with a Board Certified Criminal Defense Attorney (certified by the State Bar of AZ).

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

According to a recent report in The State Press (8/21/13), Tempe police officers began increasing their patrols with the start of the fall semester at ASU. They have launched a task force – Operation Safe and Sober – which will include saturation patrols around campus and surrounding areas in Tempe, beginning August 15 and continuing through the end of the month. Tempe police officers will be on the lookout for minors consuming alcohol, driver’s under the influence of alcohol (or drugs), out-of-control parties and other related criminal violations. Their goal is to try and send a message to students early in the school year in an effort to help alleviate potential trends in these types of activities. The Tempe Police Department will also be working the night DUI task force with officers from other agencies, including MCSO, Scottsdale PD, Gilbert PD, Mesa PD and ASU PD. In addition to DUI and party patrols, officers will also focus on traffic violations, aimed primarily at pedestrians and bicyclists. While warnings will be issued during the first week of school for traffic violations, officers will begin strict enforcement of alcohol related violations right away.

Since the launch of Operation Safe and Sober, Tempe PD reported 371 arrests during the first week and another 486 arrests during week two of the campaign. Of the 371 arrests during the first week, there were 111 Minor in Possession of Alcohol arrests, 91 DUI arrests, 17 Extreme DUI arrests, 14 DUI-Drugs arrests, 6 Underage DUI arrests, 2 Aggravated DUI arrests and 54 calls for loud parties, among other various arrests. Arrests during the second week of the campaign include 208 for Minors in Possession of Alcohol, 85 for DUI, 68 calls for loud parties, and 14 for Minors, under the age of 18, in possession of alcohol.

Tempe PD has also incorporated an educational facet to this campaign and has been talking with students regarding alcohol, laws and safety measures.

If you have been charged with any type of crime, the Firm is experienced in representing ASU students who have been charged with all types of crimes, including Minor in Possession of Alcohol, Underage DUI, Drug related charges, Disorderly Conduct charges and countless other related criminal violations. If you were cited by ASU PD or Tempe PD, you will likely be appearing in the Tempe Municipal Court in downtown Tempe, or the University Lakes Justice Court in Chandler. Mr. Buckallew has handled countless cases in both of these courts and has a track record of successfully resolving many of these cases. Mr. Buckallew is a Board Certified Specialist in Criminal Law, which means that he has proven experience in criminal law and has met the rigorous requirements to qualify for this certification by the State Bar of Arizona.

Contact the Firm today to arrange a free consultation regarding any pending criminal case in Tempe, or throughout the Phoenix area.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

The Firm recently prevailed in defense litigation on a case involving a driving on suspended/revoked driver’s license violation. Through its case investigation, the defense discovered a violation of the defendant’s Fourth Amendment Rights (unlawful seizure of evidence) and moved for a suppression of this evidence. The Fourth Amendment to the United States Constitution provides that persons shall be secure from unreasonable searches and seizures, and in this case the defense was able to successfully argue that the client’s constitutional rights had been violated. The State subsequently dismissed the case.

The Firm represents individuals in all types of criminal proceedings throughout the greater Phoenix area, including cases involving driving on a suspended or revoked driver’s license. There are a variety of reasons why a person’s driver’s license may be suspended or revoked (according to the AZ Department of Motor Vehicles), which can include:

• Refusal to submit to a field sobriety test or other test to detect a person driving while under the influence of alcohol or drugs.
• Driving while under the influence of alcohol or drugs.
• Failure to pay civil penalties for traffic violations, moving violations, or speeding tickets.
• Being at fault in an accident that causes serious injury or death to another person.
• Reckless driving.
• Violating traffic laws so often that the state considers you to have “disrespect for traffic laws and a disregard for the safety of other persons.”
• Using a driver’s license illegally.

Suspensions resulting from these types of offenses can last from months to years and depend upon the severity of the situation. Once a person has lost his/her driving privileges, it is considered a crime to drive until the license has been reinstated. According to the Arizona Revised Statutes, § 28-3473 (A) “Except as otherwise provided in this subsection, a person who drives a motor vehicle on a public highway when the person’s privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28-1601 and the person presents to the court evidence that the person’s privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license.”

If you have been charged with a driving on suspended/revoked license, the Firm can help. Mr. Buckallew has handled countless criminal cases over the course of his career and has achieved successful resolutions, including dismissals and acquittals, on many of the cases he has handled. Contact the Firm today for a free evaluation of your pending criminal case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

According to recent media reports, this year’s DUI task force arrests exceeded last year’s numbers both in the number of people arrested as well as in the average blood-alcohol levels (BAC) of those arrested, compared to previous years. There were 559 people arrested for DUIs over the Memorial Day weekend, up from 547 in 2012 and the average BAC level was .153 – almost twice the legal limit of .08. Of the 559 DUI arrests, 148 of those were charged with “Extreme DUI“, meaning their BAC was believed to be at 0.15 or greater. The biggest difference between a regular (non-extreme) 1st Time DUI is the increased jail time (1 day for a Non-Extreme DUI or 30 days for an Extreme DUI) as well as the increased financial penalties for an Extreme DUI.

Other DUI arrests over the Memorial Day weekend included 103 drug-related DUI’s, which exceeds the annual totals over the past five years. You can be charged with DUI-Drugs if any sign of a prohibited substance is detected by forensic testing in the crime lab. It is important to note that the crime lab may detect the substance even if the drugs were ingested over a week earlier. Because Arizona permits prosecution upon a finding of the metabolite of a prohibited substance, and because metabolites will remain in the system long after the active ingredient has dissipated, the time frame for acquiring necessary evidence for prosecution can be quite lengthy.

The number of Aggravated DUI arrests this Memorial Day weekend totaled 60 which was a slight decrease over the past few years. A person can be charged with Aggravated DUI under various circumstances, such as, your driver’s license was suspended or revoked at the time of the DUI arrest, you had a minor child under the age of 15 in the car at the time of the DUI arrest, or this is your third DUI in a 7 year period. The minimum incarceration time if convicted of an Aggravated DUI is four months in the Arizona Department of Corrections (prison).

If you are facing DUI charges of any kind, including Extreme DUI, Super Extreme DUI, Aggravated DUI or DUI-Drugs, the Firm can help. Mr. Buckallew has been litigating DUI cases his entire career and has extensive experience when it comes to challenging the state’s evidence, including forensic evidence, procedural errors, factual deficiencies and legal issues inherent in these types of cases. The Firm represents individuals in criminal courts in Phoenix, Gilbert, Scottsdale, Chandler, Mesa, Tempe and throughout the entire valley. Contact the Firm today to arrange a free consultation to discuss your legal options in fighting your DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Fri. May 24 5:00 p.m. Loop 202 & Dobson Rd. Tempe
Sat. May 25 6:00 p.m. Tempe Fire Training Facility, 1340 E. University Dr. Tempe
Sun. May 26 3:00 p.m. 7300 E. Shoeman Galleria Scottsdale

See Media Release here

Contact the Firm if you have been arrested for a DUI in Tempe or surrounding areas – the Firm defends all types of DUI related charges including 1st Time DUI, Extreme DUI, Super Extreme DUI, felony Aggravated DUI, Underage DUI, Minor in Consumption / Minor in Possession, DUI involving injury or death, and any other drinking related violation. Mr. Buckallew has handled countless DUI related cases in the Tempe Municipal Court, University Lakes Justice Court, Maricopa County Superior Court and has a reputation for zealously defending each and every client he represents.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

According to a recent news release by the Mesa Police Department, they will be participating in the annual East Valley Memorial Day DUI Task Force. These operations will consist of both sobriety checkpoints as well as DUI saturation patrols throughout the East Valley. The task force will be employing a zero-tolerance approach to any driver found to be impaired either by alcohol and/or drugs, and also any underage driver or passenger with alcohol in their system. Law enforcement is reminding people to enjoy the holiday, drink responsibility and either designate a sober driver, call a cab, or ride the light rail.

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, he/she is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

• You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
• If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

If you are under investigation for or have already been with a DUI violation, the Firm can help. Mr. Buckallew has defended countless DUI cases over the course of his career and has a proven track record of successfully resolving many of these cases.

Contact the Firm today to arrange a free consulation regarding your DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

For example, perhaps an attempted murder occurred in your office one night and because it was on your floor you are a suspect for the act. However, if your lawyer is able to gather the sufficient evidence and witnesses to prove that you left early for a doctor’s appointment the day of the murder, then the prosecution is going to have a much more difficult time trying to prove that you are still guilty of the violent crime.

Defendants may also still practice their Fifth Amendment right to remain silent by having a witness testify on their behalf. Often times a defendant will stay silent in order to protect their past history, perhaps of an assault crime, that the prosecution would try a hold against them. This way the defense attorney can prove to the court their client was not at the scene of the crime, with a trustworthy testimony from another person instead and leave the prosecution to have to give the burden of proof another way.

Proving your innocence before the court is no easy feat, which is why hiring a trusted Mesa criminal defense attorney is so crucial. Contact our office today to discuss your case and together we can begin taking the necessary steps to fighting for your future!

Some critics say that a 0.05% limit would mean that individuals would be at risk for a DUI arrest after only one glass of wine at dinner. After two glasses, the average male would be almost certain to receive a DUI charge if arrested while behind the wheel. Critics also say that the limit would unneccesarily criminalize social drinking and the American Beverage Association says that it may discourage individuals from ordering alcohol at restaurants and bars over the weekend.

Still, the NTSB argues that an average of 10,000 people die in alcohol-related crashes every year. The NTSB is petitioning the federal government to consider lowering the drinking limit in order to encourage less alcohol-consumption and keep intoxicated drivers off the street. If the BAC limit is lowered, it will undoubtedly lead to more arrests. If DUI laws are changed in the State of Arizona, individuals will need to understand how these changes will impact them and make appropriate adjustments in order to avoid DUI charges. If you need a lawyer for a DUI case in Mesa, Arizona, then you need to call The Law Offices of Trent R. Buckallew today for more information. Call (602) 825-3300 today for assistance in your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Country Thunder is an annual weekend music festival held in Florence, AZ (Pinal County) drawing thousands of people from across the valley. In fact, this year’s event sold out for the first time in its 20-year history, reaching a capacity crowd of 25,000 patrons.

In years past, Underage Drinking has been a concern at this event, and last year 189 people were arrested for Underage Drinking and other related crimes. In many cases, underage drinkers were alleged to have had blood alcohol levels at more than twice the legal limit of .08 percent, and the youngest person arrested was 15 years old. In addition to Underage Drinking, citations also included violations of Minor in Possession of Alcohol, Using a Fake ID to buy Alcohol, and Furnishing Alcohol to a Minor.

According to recent reports during this year’s event, the Pinal County Sheriff’s office arrested a 20-year old man on suspicion of Disorderly Conduct and Aggravated Assault, after reports of a stabbing, leaving a 36-year old man in critical condition.

Aggravated Assault charges are taken very seriously in AZ and involve Assault cases where a weapon is used, where there is serious physical injury, when the Assault causes a fracture or temporary loss of use of a bodily organ or function, or if the victim is under 15 and the aggressor is over 18. If the offense involves any type of weapon or dangerous instrument (including a car) the Aggravated Assault will be alleged to be a “dangerous” crime which then means if a person is convicted the penalty is mandatory imprisonment, and the length of that prison sentence is enhanced as compared to a non-dangerous crime. “Dangerous” crimes are not probation eligible, but can become probation eligible if the “Dangerous” allegation is dismissed – a common strategy in plea negotiations.

Every case presents with unique facts, and consequently the sentencing range for Aggravated Assault charges can range anywhere from a designated misdemeanor offense (reduced from a felony) with no jail time all the way to mandatory prison up to 21 years for a first offense class 2 dangerous felony.

Click here for more information regarding Aggravated Assault charges and here for more information regarding Disorderly Conduct charges.

If you were charged with any type of criminal violation during the recent Country Thunder Event in Pinal County – including Underage Drinking, Minor in Possession, Disorderly Conduct, Aggravated Assault, or any other misdemeanor or felony charge – the Firm can help. Mr. Buckallew has handled countless cases in Pinal County Courts including Pinal County Superior Court, Apache Junction Justice Court, Casa Grande Justice Court, Maricopa Justice Court and other Courts throughout the county. Mr. Buckallew has a proven track record and a reputation for zealously representing each and every client. Mr. Buckallew has extensive knowledge and experience when it comes to defending both DUI and criminal charges and has successfully resolved countless cases over the years.

Contact the Firm today for a free evaluation of your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

If you have been charged with disorderly conduct, you may be a bit confused about the crime for which you have been accused. Disorderly conduct can be a confounding charge, because it is a very broad and subjective criminal violation which involves various offenses such as disturbing the peace or causing a commotion. In Arizona, the criminal statutes define disorderly conduct and outline which offenses can constitute this particular crime.

The Arizona State Legislature delineates in §13-2904 that this crime is committed when any person disturbs the peace or quiet of a neighborhood, family, or person. A person can be charged with disorderly conduct in Arizona if he/she engages in fighting or any violent or other disruptive behavior. While a person may also be charged with assault for this type of behavior, it will depend upon the circumstances of the incident. Often-times a person is charged with disorderly conduct combined with other violations, such as assault, criminal damage and other similar violations.

Additionally, if a person makes unreasonable noise with disregard to others, or uses abusive and offensive language or gestures towards any other person present that is likely to provoke physical retaliation, this can be considered disorderly conduct. It is also disorderly conduct to make a protracted commotion with the intent to prevent the transaction of a business in a lawful meeting, gathering or procession.

For example, unnecessary gestures and motions to prevent a transaction can be considered disorderly conduct in some circumstances. Also, if a person refuses to obey lawful order and disperse after he or she is told that he or she is breaking fire code or is not acting in the best interest of the safety of others, this be considered disorderly conduct. Recklessly handling, displaying, or discharging a deadly weapon or another dangerous instrument is considered a class 6 felony charge, whereas all other behaviors described above are considered a Class 1 misdemeanor charge.

To learn more about disorderly conduct and other related crimes, please visit our website here and here. If you have been charged with disorderly conduct and are seeking representation, contact the Firm today to arrange a free case evaluation to discuss your case with an experience criminal defense attorney.

Attorney Trent Buckallew is a dedicated and experienced East Valley criminal defense lawyer who is focused on defending individuals charged with a crime Mesa, Phoenix, Scottsdale and surrounding valley cities. You can read more about him by liking the Firm on Facebook. Check out the client testimonials to see what others are saying about this experienced and aggressive Mesa criminal defense lawyer!

Under Arizona law, DUI fatalities can be charged as negligent homicide, which can result in a range of up to 8 years in prison. This type of fatality could also result in manslaughter charges, which are punishable by 7 to 21 years in prison. Finally, under extreme circumstances, a person could be charged with second degree murder, resulting in anywhere between 10-22 years in prison, if convicted.

Arizona and North Dakota are the only two states that do not have a specific vehicular homicide charge which can be applied to situations regarding DUI drivers and fatalities. If you are involved in a vehicular manslaughter-type incident, it is advisable to seek advice from an experience Mesa DUI lawyer as these are very serious allegations with exposure to significant prison time, if convicted.

Contact the Firm to arrange a free consultation regarding any fatality related DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

As a result of increasing caseloads in the West Valley, Maricopa County opened up its newest justice precinct – the Country Meadows Justice Court. The grand-opening ceremony was held last Thursday, which included the swearing-in of Anna Huberman, the first Country Meadows Justice of the Peace. The precinct boundaries of the new justice court fall between Cactus Road (north) and I-10 (south), Dysart Road (west) and 59^th Avenue (east). For now the new court will be housed in downtown Phoenix at One West Madison Street (Lower Level). This court, along with the 25 Justice Courts in Maricopa County, handles a variety of cases including civil and criminal traffic offenses, misdemeanor DUI cases, misdemeanor criminal cases, Order of Protection and Injunction Against Harassment matters, appeals, and other types of cases. If you are cited (or arrested) by the Maricopa County Sheriff’s Office (MCSO) or Arizona Department of Public Safety (DPS) for a criminal matter within the boundaries of this precinct, your case will likely be heard in the Country Meadows Justice Court.

The Firm represents individuals in all types of criminal proceedings across the Valley, including in the new Country Meadows Justice Court. If you are facing charges in the Country Meadows Justice Court, contact the office today to arrange a free consultation regarding your case and legal options.

Mr. Buckallew has handled a wide variety of criminal cases over the course of his career as an Arizona Criminal Defense Attorney, ranging from simple misdemeanor traffic violations to very serious and complex Aggravated DUI, Aggravated Assault and Homicide cases. He is exceptionally knowledgeable in the area of criminal law and has focused his scope of representation primarily on matters involving criminal litigation throughout his entire career. Mr. Buckallew has practiced in City/Municipal Courts, Justice Courts, and Superior Courts across the valley and in just about every county in the State of Arizona and skillfully navigates his way through the complexities of criminal court proceedings and criminal litigation.

Contact the Firm today if you are facing criminal charges in the Country Meadows Justice Court, or any other Phoenix or West Valley Court.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Another win for Mesa Criminal Defense Attorney, Trent Buckallew. Our client was charged with Disorderly Conduct/Assault (Fighting/Mutual Combat) by the Maricopa County Sheriff’s Office and the complaint was subsequently filed in the North Mesa Justice Court. After conducting a thorough case investigation, the defense was able to show that the defendant was defending himself after being attacked by the alleged victim and as a result, the case was ultimately dismissed.

The Firm handles all types of Disorderly Conduct and Assault cases – both misdemeanors and felonies, in City/Municipal Courts, Justice Courts, and Superior Courts throughout Maricopa County as well as Statewide. Mr. Buckallew has extensive experience in resolving cases involving all types of criminal matters and has a reputation for zealously defending each and every client. If you have been charged with Disorderly Conduct, Assault or any other criminal violation in Mesa or surrounding cities, contact the Firm today for a no cost evaluation of your case. Mr. Buckallew will discuss your case, associated penalties, possible defenses and answer any questions you may have regarding the criminal court proceedings or the case itself.

You can also add Mr. Buckallew to your circles on Google+ if you want more information about the firm and want to obtain more important news updates. Typically, Mr. Buckallew posts about different website updates on our Google+ account. He also has an extensive resume of his accomplishments on this site so that clients or potential customers can learn about him before making a decision. You can also follow Mr. Buckallew on Twitter to get up-to-date information about criminal law. In recent days, Mr. Buckallew has posted about the legalization of marijuana in Arizona, and DUI testing methods. As well, he has posted links to the firm’s Pinterest page. While Pinterest is best known for recipes and crafting tutorials, there are times that it can serve as a helpful website to post legal infographics. Mr. Buckallew uses the website for this purpose. No matter which social media outfit works best for you, make sure to friend, like, add, or follow Trent R. Buckallew!